Scott Martin has played a major role in defending many of the largest antitrust class action cases of the last two decades and has negotiated resolutions of numerous regulatory investigations and actions on behalf of corporate clients. He has been consistently recognized for years as one of the leading antitrust litigators in New York and the country by every significant ranking organization, including The Best Lawyers in America (Antitrust Law and Litigation - Antitrust), Chambers USA Guide, International Who’s Who of Competition Lawyers and Economists and International Who’s Who of Business Lawyers, and Super Lawyers, among others. Clients, colleagues, and adversaries have referred to Scott as a “terrifically talented and surefooted” litigator” and “an astute operator who always adds value to proceedings” while also serving as a “business-oriented lawyer who looks to see what the overall issues are and determines how best to approach the representation of those interests, including common sense approaches to exit strategies where feasible.”
Scott’s practice extends to bench and jury trials in both federal and state courts, complex federal multidistrict actions, class actions involving direct and indirect purchasers, parens patriae cases, FTC and DOJ investigations as well as other regulatory actions, and qui tam litigation. He also has two decades of counseling experience across a broad range of industries on pricing, distribution, competitive intelligence, joint ventures, and non-compete agreements, among other competition issues, and has designed antitrust compliance programs for some of the world’s largest corporations.
Scott is a frequent lecturer and panelist who has also published practical advice on various antitrust topics. In addition to serving on the Editorial Board of Antitrust Law Developments and Competition Law360, Scott is a co-editor (along with Irving Scher of Hausfeld) of the forthcoming edition of the multi-volume treatise Antitrust Adviser. Scott is a member of the Executive Committee of the New York State Bar Association’s Antitrust Section, and he has long been active in the leadership of the American Bar Association Section of Antitrust Law (including having served as chair of the Trial Practice Committee and the Business Torts & Civil RICO Committee, among other positions).
Having adopted New York as his home for over 20 years, Scott owns a small business in Manhattan and also serves on the Board of Directors of WHEDco, a leading non-profit organization dedicated to creating opportunities in the Bronx.
Stanford Law School, J.D., 1990
Stanford University, A.B., with honors, 1987
District of Columbia
U.S. Court of Appeals for the Second Circuit
Supreme Court of the United States
Affiliations & Memberships
The Legal 500 United States, 2009-2019
Fellow, American Bar Foundation
Outstanding Antitrust Litigation Achievement in Private Law Practice (In re Air Cargo Antitrust Litigation), American Antitrust Institute, 2016
Listed, Who's Who in American Law
Editorial Board (Competition), Law360
Member, New York State Bar Association, Antitrust Section
Member, American Bar Association, Section of Antitrust
The Best Lawyers in America, Antitrust Law; Litigation - Antitrust, 2012-2015
Chambers USA Guide, 2006-2019
International Who's Who of Competition Lawyers and Economists, 2013-2014
International Who's Who of Business Lawyers, 2013-2014
Super Lawyers magazine, New York Metro Super Lawyers, 2006-2014
Euromoney's Guide to the World's Leading Competition & Antitrust Lawyers, 2012
Recipient, Legal Aid Award, the Legal Aid Society, 2006
News & Press
“Settlement Practice from Both a Plaintiff and Defense Perspective, ” Chapter, American Antitrust Institute Handbook on Private Enforcement of Competition Law (U.S. Edition), 2012, co-author with Joseph Tobacco
After American Needle, Is Everything Old New Again? Competition Law360, August 4, 2010
"Can Anyone Keep a Secret Anymore? Beware the differing privilege regimes in the global environment," New York Law Journal, November 16, 2009
“The linkLine Decision: Section 2 Gets Squeezed Further, ” GCP: The Online Magazine for Global Competition Policy, April 2009
“Antitrust Injury in Robinson-Patman Cases: What's Left?, ” GCP: The Online Magazine for Global Competition Policy, November 2008
“One Year Post-'Twombly,' Trends Emerge, ” New York Law Journal, August 25, 2008
Chapter, “Litigating International Antitrust Cases, ” J. von Kalinowski, Antitrust Counseling and Litigation Techniques, 2007 and update
“A Rule Of Reason For Vertical Price Fixing - Part II, ” The Metropolitan Corporate Counsel, Volume 15, No. 11, November 2007, co-author with Fiona A. Schaeffer
"A Rule Of Reason For Vertical Price Fixing - Part I, ” The Metropolitan Corporate Counsel, Volume 15, No. 10, October 2007
"Antitrust in Distribution - Tying, Bundling and Loyalty Discounts, Resale Pricing Restraints, Price Discrimination - Part I, ” The Metropolitan Corporate Counsel, Volume 14, No. 4, April 2006
Chapter, “Private Antitrust Litigation, ” Global Competition Review - Getting the Deal Through, 2005
Chapter, “Advising Foreign Clients on US Antitrust Law, ” Asia Pacific Antitrust & Trade Review, 2005
Antitrust Adviser (5th ed.), forthcoming, co-editor with Irving Scher
Chapter (Section 5 of the FTC Act), Business Torts & Unfair Competition Handbook (3d ed.)
Chapter (New York), State Antitrust Practice and Statutes (past three editions)
Co-Author, "Cartel Damage Recovery: A Roadmap for In-House Counsel,” Antitrust Magazine, Fall 2017.
Co-Author, "SCWA Pursues Legal Action Against Companies Responsible for PFOS, PFOA and 1,4-Dioxane Contamination," Lexology, November 2017.
Co-Author, "Horizontal conspiracy complaints face different fates under Twombly “plausibility” standard," Lexology, October 2015.